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Office of Montana Secretary of State Linda McCulloch Elections and Government services division

Election Administration FAQ's. We will start the roundtable discussion on election administration by displaying a series of slides, each with a question and answer.As we work through these questions, feel free to ask related questions or discuss any answers that are not clear. Let's get started!.

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Office of Montana Secretary of State Linda McCulloch Elections and Government services division

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    1. Office of Montana Secretary of State Linda McCulloch Elections and Government services division 2009 Election Administrator Certification Workshop

    2. Election Administration FAQ’s We will start the roundtable discussion on election administration by displaying a series of slides, each with a question and answer. As we work through these questions, feel free to ask related questions or discuss any answers that are not clear. Let’s get started! Montana Secretary of State Linda McCulloch - December 2009 2

    3. Frequently Asked Questions With this presentation we will review questions and answers to election administration questions in the following categories: Voter Registration UOCAVA Voters Candidate Filing/Ballot Certification Polling Places Assistance to Voters with Disabilities Voting Systems Testing and Certification 3 Montana Secretary of State Linda McCulloch - December 2009

    4. Voter Registration What is the cutoff for regular registration for every election? A. It is days before each election. When elections are held on Tuesdays, as most all elections are, the 30th day before the election is always a Sunday, so the date rolls over to Monday, the 29th day before the election. 4 Montana Secretary of State Linda McCulloch - December 2009

    5. Voter Registration Do we have to accept cards that are postmarked by the close of regular voter registration but are received after the 30th day? A. Yes, as long as they are received within days of the close of regular voter registration. 5 Montana Secretary of State Linda McCulloch - December 2009

    6. Voter Registration What if a person fails to include their driver’s license number, or if they have no driver’s license number, fails to provide the last four digits of their SSN? If they have neither, can they provide an ID? A. A person is registered if they do not provide a verified DLN or partial SSN. If they have neither (this will be VERY FEW people) and provide an accepted form of ID, they can be regularly registered. 6 Montana Secretary of State Linda McCulloch - December 2009

    7. Late Registration When does late registration start? A. The day after 7 Montana Secretary of State Linda McCulloch - December 2009

    8. Late Registration Does it have to be done at the county election office? A. 8 Montana Secretary of State Linda McCulloch - December 2009

    9. Late Registration Can a late registrant take their ballot with them and return it later? A. 9 Montana Secretary of State Linda McCulloch - December 2009

    10. Late Registration Can a late registrant return a ballot to the polls? A. 10 Montana Secretary of State Linda McCulloch - December 2009

    11. Late Registration Are late registrants considered absentee voters? A. 11 Montana Secretary of State Linda McCulloch - December 2009

    12. Voter Registration - Question An election judge calls on election day and says that there is a voter at the polls who says they registered at the driver’s license office 2 weeks ago. They do not appear in the register. What do you do? Montana Secretary of State Linda McCulloch - December 2009 12

    13. Voter Registration - Answer The potential voter must be sent to the election administrator’s office – WHY? Montana Secretary of State Linda McCulloch - December 2009 13

    14. Voter Registration – Question An individual who is 17, but who will turn 18 on election day comes in to register to vote. The individual also requests to be on the annual absentee list. Can this individual be on the annual absentee list and get a ballot for the upcoming election, when he won’t be 18 until election day? Montana Secretary of State Linda McCulloch - December 2009 14

    15. Voter Registration - Answer No, according to Montana law, a person may not vote at elections unless the person is 18 year of age or older. Because this individual will not turn 18 until election day, they cannot vote a ballot until election day and so would have to go to the polls to cast their ballot. Montana Secretary of State Linda McCulloch - December 2009 15

    16. UOCAVA Registration and Voting Who are UOCAVA voters? A. These are military and overseas voters. They are referred to in state law as United States Electors. 16 Montana Secretary of State Linda McCulloch - December 2009

    17. UOCAVA Registration and Voting What is FVAP? A. This is the Federal Voting Program. The program staff members assist absent military and overseas voters with registration and voting. The website is fvap.gov. 17 Montana Secretary of State Linda McCulloch - December 2009

    18. UOCAVA Registration and Voting Do I have to allow a UOCAVA voter to register, apply for an absentee ballot, or vote a ballot by fax, email or some other electronic means? A. Currently providing this service is under Montana and Federal Law Beginning with the 2010 federal general election, certain options must be provided. 18 Montana Secretary of State Linda McCulloch - December 2009

    19. UOCAVA Registration and Voting Can a UOCAVA voter late-register? Previously a UOCAVA voter could only late register using the but new law allows them to late register even though they cannot appear at your office to do so. 19 Montana Secretary of State Linda McCulloch - December 2009

    20. UOCAVA Registration and Voting What is a FWAB and where can someone get one? A FWAB is a Federal Write-in Absentee Ballot, used as a if a UOCAVA voter does not receive a regular ballot in time. A FWAB can be accessed from the Secretary of State’s website, or from FVAP’s website. 20 Montana Secretary of State Linda McCulloch - December 2009

    21. UOCAVA - Question A U.S. citizen residing in Canada wants to register in your county. While the individual has never lived in your county, his parents do reside there. What do you tell this potential voter? Montana Secretary of State Linda McCulloch - December 2009 21

    22. UOCAVA – Answer This voter, although a U.S. citizen, is not eligible to vote in your county. Montana law is clear that an overseas civilian may vote in the last place in which the person was domiciled before leaving the U.S. 13-21-102(5) (c) Montana Secretary of State Linda McCulloch - December 2009 22

    23. Candidate Filing and Ballot Certification When does candidate filing start and end? Have the dates changed for both federal elections and local and school elections? A. Candidate filing starts before the primary and will end 85 days before the primary. This means candidate filing will open 10 days earlier and close 10 days earlier than in the recent past, although it will still last 60 days. The dates have only changed for the federal elections, not for any local or school elections. 23 Montana Secretary of State Linda McCulloch - December 2009

    24. Candidate Filing and Ballot Certification How and when do we receive the certified state and multi-county district candidates, statewide ballot issues for ballot preparation, and how long do we have to get ballot information in to the printer? A. The SOS will send them to you electronically and by mail about one week after candidate filing closes. If you get them the last day possible from the SOS, you will have approximately to get the information to the ballot printer (compared to approximately one DAY before the law change this year) 24 Montana Secretary of State Linda McCulloch - December 2009

    25. Candidate Filing and Ballot Certification What are our options for ballot printers? A. You can use ES&S, the vendor for in Montana, or another printer, but be sure that your printer knows and follows the applicable requirements set by the equipment vendor. The equipment vendor offers training to private ballot printing companies and the training will make sure that the printer knows the stringent requirements for a ballot to be used in ES&S equipment. 25 Montana Secretary of State Linda McCulloch - December 2009

    26. Candidate Filing and Ballot Certification Are election administrators required to publish a notice regarding opening of filing period for offices in local newspapers? A. There is no to publish a notice of opening of candidate filing. It may be administratively beneficial to the election office to publish such a notice, and nothing prevents you from publishing one. Montana Secretary of State Linda McCulloch - December 2009 26

    27. Polling Places What happens if a voter comes to the polling place and has changed his or her name or precinct, but has not yet notified the elections office? A. They one last time in their old precinct using their old name and/or precinct, but should fill out a voter registration card. 27 Montana Secretary of State Linda McCulloch - December 2009

    28. Polling Places When do polling places have to be open? A. In general, polling places must be open from A polling place with less than registered electors must be open at least from noon to 8 p.m. or until all registered electors have voted (they can still be open from 7a.m. to 8 p.m. at the election administrator’s discretion). If elections are combined with a school election, the polling place has to be open at the times set for school elections. 28 Montana Secretary of State Linda McCulloch - December 2009

    29. Polling Places - Question Signature gatherers have requested to be present inside the polling place. You have limited space and 4 different groups who want to gather signatures. What should you do? Montana Secretary of State Linda McCulloch - December 2009 29

    30. Polling Places - Answer You must ensure that the polling place is not obstructed. If it is impossible to fit all of them in the polling place, allow them to be as near as possible, without obstructing the polling place. It is advisable to make these arrangements ahead of election day so that there is no disruption of voting. Montana Secretary of State Linda McCulloch - December 2009 30

    31. Polling Places - Question A candidate comes in to the election office during the 30-day late registration and absentee voting period wearing a political button. Must the candidate be asked to leave the premises? Montana Secretary of State Linda McCulloch - December 2009 31

    32. Polling Places - Answer Montana law is clear that electioneering restrictions are only “on election day”. If you plan to try to enforce the 100 foot election-day electioneering statute during the 30-day late registration and absentee voting period, you should get your county attorney’s approval. Montana Secretary of State Linda McCulloch - December 2009 32

    33. Assistance to Individuals with Disabilities Can I have the absentee ballot board or judges deliver a ballot outside the county to an elector with an illness or health emergency? A. By law, the elector may request by telephone, facsimile transmission, or other means to have a ballot and application personally delivered by the special absentee election board at the elector's place of confinement, hospitalization, or residence within the county. 33 Montana Secretary of State Linda McCulloch - December 2009

    34. Assistance to Individuals with Disabilities Do individuals with disabilities have the same rights to secrecy and privacy as other electors? A. Yes, those rights are guaranteed under the 34 Montana Secretary of State Linda McCulloch - December 2009

    35. AutoMARKS Do I need to have an AutoMARK available for voting at each polling place? A. Yes, according to HAVA, there must be an voting system at each polling place. 35 Montana Secretary of State Linda McCulloch - December 2009

    36. AutoMARKS What do I do if the AutoMARK does not work? A. Be sure the has been removed prior to insertion of the ballot. Try turning it off and on. If this does not work, contact a technician or refer to the AutoMARK Troubleshooting Guide provided at this training, and included in the Election Judge Handbook. 36 Montana Secretary of State Linda McCulloch - December 2009

    37. AutoMARKS How do I maintain voter secrecy on an AutoMARK? A. The most important step is to ensure that the election judge does not view the voted ballot. This can be done through the use of Use of a privacy shield is another way to ensure privacy 37 Montana Secretary of State Linda McCulloch - December 2009

    38. AutoMARKS Do individuals with disabilities have to vote on AutoMARKs? Can people without disabilities vote on them? A. Individuals with disabilities do not have to vote on AutoMARKs, but they have to be given the to vote on them. People without disabilities can vote on them if they choose to do so. 38 Montana Secretary of State Linda McCulloch - December 2009

    39. Assistance to Voters with Disabilities - Question Montana Secretary of State Linda McCulloch - December 2009 39 A voter with a disability has given power of attorney to someone. Is the power of attorney sufficient to allow that person to apply for an absentee ballot, or vote a ballot for the person with the disability?

    40. Assistance to Voters with Disabilities - Answer No – the person with the power of attorney would have to be appointed as an agent for voting purposes by the individual with a disability using the prescribed form. Montana Secretary of State Linda McCulloch - December 2009 40

    41. Voting Systems and Testing What are the requirements for testing? A. There are two main requirements: No more than prior to an election in which a voting system is used, the election administrator shall publicly test and certify that the system is performing properly. Notice of the testing must be given as provided by law. A random test must be conducted by a county election administrator or designee of 5% of voting systems, a minimum of per county, on election day, to validate the accuracy of voted paper ballots with the voting system results. 41 Montana Secretary of State Linda McCulloch - December 2009

    42. Absentee Voting When do we send confirmation notices to people on the annual absentee list? A. These are sent once each year, in . The notices should be sent by mail. 42 Montana Secretary of State Linda McCulloch - December 2009

    43. Absentee Voting Are absentee ballots forwardable? A. 43 Montana Secretary of State Linda McCulloch - December 2009

    44. Absentee Voting Can people fax in their absentee applications? A. 44 Montana Secretary of State Linda McCulloch - December 2009

    45. Absentee Voting Can an absentee voter return a ballot to any polling place in the county? A. 45 Montana Secretary of State Linda McCulloch - December 2009

    46. Absentee Voting Can an inactive voter be reactivated by submittal of a request for absentee ballot form? A. The request for absentee ballot will reactive a voter. Montana Secretary of State Linda McCulloch - December 2009 46

    47. Identification and Provisional Voting What is the difference between a provisionally registered elector and one who votes a provisional ballot? A. A provisionally registered elector is one whose to vote is in question, generally because the person did not provide a verified DLN or partial SSN at the time of voter registration. A voter may vote a provisional ballot if the elector is provisionally registered, or if the elector attempts to vote and his or her eligibility or identity is in question (such as for ID, register shows already voted absentee, name not in register, etc.). 47

    48. Identification and Provisional Voting Can electors be turned away from the polls without being given an opportunity to vote a provisional ballot? A. Electors must be given the opportunity to cast a provisional ballot. 48

    49. Identification and Provisional Voting Is there a form at the polling place an elector can use for ID? A. This is the form given to electors who do not have ID. They fill it out, and the election judge at the polls contacts the elections office. If the DLN and/or partial SSN provided by the elector is verified by the county election office over the phone, the form is marked “verified.” The elector votes a regular ballot and retains the form. 49

    50. Counting and Canvassing When does the count begin? A. The count of absentee ballots or other ballots can begin at any time after the opening of the polls subject to requirements. In regard to counting ballots, any official vote count must be public and continue without until completed and the result is publicly declared. 50 Montana Secretary of State Linda McCulloch - December 2009

    51. Counting and Canvassing When does canvassing begin? A. Canvassing begins within days after each election; the date was moved from 7 days after the election due to post-election audit requirements 51 Montana Secretary of State Linda McCulloch - December 2009

    52. Counting and Canvassing - Question After the official canvass, you discover a mistake that was made on the canvass. Can you change the official canvass to correct the mistake? Montana Secretary of State Linda McCulloch - December 2009 52

    53. Counting and Canvassing - Answer The Attorney General has ruled that once the canvass is complete and official, minor technical mistakes cannot be corrected. The canvass must stand as it was certified. You should NEVER change your copy of the canvass once it is certified to the SOS. The SOS has the official copy archived and the county canvass should not reflect different totals than the SOS copy. Montana Secretary of State Linda McCulloch - December 2009 53

    54. Counting and Canvassing – Question A candidate whose name appears on the ballot has passed away after absentee ballots were mailed out. Some voters who had not yet returned their ballot to the election office came in to get replacement ballots, but some did not. How do you instruct election judges to count any votes cast for the deceased candidate? Montana Secretary of State Linda McCulloch - December 2009 54

    55. Counting and Canvassing - Answer Any votes cast for the deceased candidate should be counted for the deceased candidate. SB 124 sponsored by Senator Carolyn Squires clarified this. Montana Secretary of State Linda McCulloch - December 2009 55

    56. Ballot Issues How long do we have to process statewide ballot issue petitions once we receive them? A. They need to be processed within of when you receive them. 56 Montana Secretary of State Linda McCulloch - December 2009

    57. Ballot Issues Montana Secretary of State Linda McCulloch - December 2009 57

    58. Ballot Issues We have a page of signatures that only put the town as an address, no residence, no mailing, no phone.  Do we reject these? A. You can reject them if they do not include the signer’s or the signer’s . One or the other must be on the petition. Montana Secretary of State Linda McCulloch - December 2009 58

    59. Ballot Issues Can counties accept faxed petitions in any instances? A. Counties can accept faxed petitions as long as they are received by the deadline and followed up with the originals within Montana Secretary of State Linda McCulloch - December 2009 59

    60. Mail Ballot Elections Are mail ballot elections ever required? A. 60 Montana Secretary of State Linda McCulloch - December 2009

    61. Mail Ballot Elections Do we have a new mail ballot requirement for submission in addition to the mail ballot plan and timetable? A. Yes, you must now include with your mail ballot plan and timetable. 61 Montana Secretary of State Linda McCulloch - December 2009

    62. Mail Ballot Elections When does my mail ballot plan need to be submitted to the SOS? A. The SOS cannot accept the request unless it is received at least before an election. 62 Montana Secretary of State Linda McCulloch - December 2009

    63. Mail Ballot Elections Do ballots automatically go out to inactive electors? A. They must reactivate by updating their voter registration information before they can receive a ballot. 63 Montana Secretary of State Linda McCulloch - December 2009

    64. Mail Ballot Elections Do we use the annual absentee ballot list in a mail ballot election? A. since all eligible active electors are already sent a ballot in mail ballot elections. 64 Montana Secretary of State Linda McCulloch - December 2009

    65. Mail Ballot Elections - Question A ballot in a mail ballot election is returned to your office by the Post Office with a new address noted. What do you do with the ballot? Montana Secretary of State Linda McCulloch - December 2009 65

    66. Mail Ballot Elections - Answer If a mail ballot is returned as undeliverable, the election administrator shall investigate the reason for the return and mail a confirmation notice. The law specifies that the mail ballot is not forwardable, and there is nothing in law or rule that allows the ballot to be sent forwardable after it is returned undeliverable. Ballots returned by the post office as undeliverable should be filed and shall be securely retained. Montana Secretary of State Linda McCulloch - December 2009 66

    67. More Questions? This is YOUR opportunity to ask questions, discuss election administration issues and help your fellow election administrators! Montana Secretary of State Linda McCulloch - December 2009 67

    68. Election Administration FAQ Guide These slides and many additional election administration FAQ’s have been combined into a publication on the Sharepoint resource site, and a hard copy is available from the SOS election office. This publication will be incorporated into an “Election Administration Handbook” especially geared towards new election administrators. Send any suggested FAQ’s to the Secretary of State at soselections@mt.gov Montana Secretary of State Linda McCulloch - December 2009 68

    69. Resources for Additional Questions The Title 13 laws are online at: data.opi.state.mt.us/bills/mca_toc/13.htm. The rules are at mtrules.org. Check the elections calendar often. See sos.mt.gov/Elections Call your city or county attorney for local election issues, especially those in Title 7 of MCA. Call the SOS office or visit Sharepoint for additional information. 69 Montana Secretary of State Linda McCulloch - December 2009

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